Idaho Supreme Court, 1928

Ellis v. Younie

Idaho Supreme Court · Decided August 2, 1928 · No. 4956. · Varian, Brinck, Baker, Lee, Budge, Taylor, Givens

269 P. 599; 46 Idaho 613; 1928 Ida. LEXIS 144

Cases that cite this one

1 later published case cites this decision.

In re Estey (District Court, S.D. New York 1934)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Action by corporate creditor to recover the unpaid portion of par value of preferred stock. While the number of shares and the defendant are different, the dates and facts alleged in this action, in all essentials, are the same as in Ellis v.Capps (No. 4955), ante, p. 606, 269 P. 597. The two complaints are the same, and identical demurrers were interposed as to each. The demurrers were heard and passed on by the trial court together, and while separate appeals were perfected, the two appeals were argued together. Both complaints and both demurrers were filed at the same time, and the questions raised are identical. What has been said in the case of Ellis v. Capps, supra, applies with equal force in this case.

We recommend that the judgment be affirmed, with costs to respondent.

Brinck and Baker, CC., concur. *Page 614

The foregoing is approved as the opinion of the court. The judgment is affirmed. Costs to respondent.

Wm. E. Lee, C. J., and Budge, Taylor and T. Bailey Lee, JJ., concur.

Givens, J., dissents.

Concurring Opinion

Brinck and Baker, CC.,

concur.

*614The foregoing is approved as the opinion of the court. The judgment is affirmed. Costs to respondent.

Wm. E. Lee, C. J., and Budge, Taylor and T. Bailey Lee, JJ., concur. Givens, J., dissents.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.